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Massachusetts Dismissal Law
 
Bryan Wyman v. Ayer Properties, LLC

On December 8, 2005, Brian Wyman, Frank Thoms, and Vincent Cascio, as trustees of the Market Gallery Condominium Trust (trustees), filed a civil action against Ayer Properties, LLC (Ayer), seeking damages stemming from the negligent construction of elements of a condominium building by Ayer. The trustees alleged that Ayer -- which had purchased and converted the building in question into condomini... More...   $0 (07-10-2014 - MA)

Katie Graf v. Hospitality Mutual Insurance Company

The Appellee, Hospitality Mutual Insurance Company (“Hospitality”), issued a Liquor Liability Insurance Policy (the “Policy”) to Torcia & Sons, Inc. (“Torcia”). Torcia owns and operates the Fat Cat Bar & Grill (the “Fat Cat”), a Springfield, Massachusetts establishment. The Policy represented the full extent of Torcia’s applicable liability coverage.

The Appellant, Katie G... More...
   $0 (06-11-2014 - MA)

Dagoberto Sanchez v. Gary Roden, Superintendent

The Fourteenth Amendment's Equal Protection Clause guarantees that no citizen will be excluded from jury service solely on account of his or her race. This logical proposition, bordering on the obvious, was enshrined as a matter of clearly established constitutional law in Batson v. Kentucky, 476 U.S. 79 (1986). Indeed, "[t]he Constitution forbids striking [from the jury] even a single prospective... More...   $0 (05-28-2014 - MA)

Rhonda G. Miller v. U.S. Bank, N.A.

Following the 2011 foreclosure on her home, plaintiff Rhonda Mills filed this suit against defendants U.S. Bank, N.A. ("U.S. Bank"), OneWest Bank, F.S.B. ("OneWest"), and Mortgage Electronic Registration Systems, Inc. ("MERS"), raising a potpourri of challenges to OneWest's authority to foreclose on her property. On appeal from the district court's dismissal of her suit for failure to state a clai... More...   $0 (05-27-2014 - MA)

Richard Feingold v. John Hancock Life Insurance Company (USA)

Richard Feingold sued John Hancock Life Insurance Company and John Hancock Life & Health Insurance Company (collectively, "Hancock") in a putative class action for damages said to arise from Hancock's adherence to contractual terms requiring that Hancock be given notice of the death of its insureds before death benefits are paid out to beneficiaries. Specifically, Hancock is said to have an obliga... More...   $0 (05-27-2014 - MA)

Albert Davidson v. Elin Howe

Plaintiffs Albert and Regina Davidson are guardians of 70-year-old Marilyn Davidson (whom we refer to as "Marilyn"), who is in state care. They appeal from the district court's denial of a preliminary injunction in an action purported to be brought under the federal Medicaid Act and various implementing regulations. Davidson v. Howe, No. 1:13-cv-12634-WGY (D. Mass. Oct. 29, 2013). Plaintiffs sough... More...   $0 (04-16-2014 - MA)

Tracy Bartlett v. Department of the Treasury (Internal Revenue Service)

Tracy Bartlett filed a one-count complaint against her former employer, the Internal Revenue Service (“IRS”), in which she alleged that she had been constructively discharged in violation of the Rehabilitation Act, 29 U.S.C. § 701 et seq., and the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq. The IRS moved to dismiss the complaint on the ground that Ms. Bartlett had... More...   $0 (04-08-2014 - MA)

Angel Martinez Alicea p/k/a Ruf El Fantaztiko v. Machete Music

Over a century ago, Mark Twain lamented that "[o]nly one thing is impossible for God: to find any sense in any copyright law on the planet." Mark Twain, The Complete Works of Mark Twain: Mark Twain's Notebook 381 (Albert Bigelow Paine ed., 1935). We fear that Twain's deity would fare little better with the tangled skein of copyright and contractual claims presented by the plaintiffs in this case. ... More...   $0 (03-07-2014 - MA)

Robert Riley v. Metropolitian Life Insurance Company d/b/a Metlife

In 2012, plaintiff Robert Riley filed suit under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq., against defendant Metropolitan Life Insurance Co. ("MetLife"), arguing that MetLife had been underpaying his monthly benefits since its 2005 denial of his assertion that he was entitled to a larger payment calculation under his long-term disability insurance p... More...   $0 (03-04-2014 - MA)

Robert Filey v. Metropolitan Life Insurance Company d/b/a Metlife

In 2012, plaintiff Robert Riley filed suit under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq., against defendant Metropolitan Life Insurance Co. ("MetLife"), arguing that MetLife had been underpaying his monthly benefits since its 2005 denial of his assertion that he was entitled to a larger payment calculation under his long-term disability insurance pl... More...   $0 (03-04-2014 - MA)

United States of America v. Jose L. Baez

In United States v. Sparks, 711 F.3d 58 (1st Cir. 2013), we held that the warrantless installation of a global positioning system (GPS) device on a defendant's automobile and the use of that device to monitor his and a co-defendant's movements for eleven days fell within the good-faith exception to the exclusionary rule, because the monitoring had occurred before the Supreme Court decided that the... More...   $0 (02-28-2014 - MA)

HSBC Realty Credit Corporation (USA) v. J.Brian O'Neill

Today's case — a diversity suit governed, the parties agree, by Massachusetts substantive law — arises from the efforts of plaintiff HSBC Realty Credit Corporation (USA) to recover $8.1 million from defendant J. Brian O'Neill under a guaranty. A district judge struck O'Neill's defenses, dismissed his counterclaims, denied him leave to replead, and granted HSBC judgment on the pleadings. O'Neil... More...   $0 (02-07-2014 - MA)

David Pierce v. Cotuit Fire District

Plaintiff-appellant David Pierce, former Captain of the Cotuit, Massachusetts Fire Department, brought a complaint against the Department, the Fire Chief, and the Board of Fire Commissioners, alleging political discrimination in violation of the First Amendment and 42 U.S.C. § 1983, whistleblowing retaliation in violation of the Massachusetts Whistleblower Act, and tortious interference with cont... More...   $0 (01-28-2014 - MA)

Angel Sanchez v. United States of America

Plaintiff Angel Sanchez, a widower and the executor of his wife's estate, sued his wife's doctors for medical malpractice. As it turned out, those doctors were federal employees, against whom claims are forever barred unless brought within the two-year limitations period Congress allowed under the Federal Tort Claims Act ("FTCA"), as opposed to the three-year period allowed by Massachusetts law fo... More...   $0 (01-14-2014 - MA)

United States of America v. Catherine Floyd

Over two centuries ago, Benjamin Franklin famously wrote that "in this world nothing can be said to be certain, except death and taxes." Apparently unwilling to accept this conventional wisdom, defendants-appellants Catherine Floyd and William Scott Dion devised and participated in elaborate conspiracies to defraud the United States of tax revenues (or so the government alleges). A jury validated ... More...   $0 (01-07-2014 - MA)

David Butler v. Shiraz Balolita

This bi-coastal case requires a Boston-based federal court to make an informed prophesy as to whether the Washington Supreme Court, if squarely confronted with the question, would recognize a cause of action for breach of a contract to negotiate. Applying the methodology that federal courts have developed to vaticinate how state courts are likely to rule on unsettled questions of state law, we fi... More...   $0 (11-22-2013 - MA)

Chenell Hammond v. Kmart Corporation and Sears Holdings Corporation

Chenell Hammond, a retail customer, appeals from the dismissal of her action under 42 U.S.C. § 1981 against Kmart Corporation and Sears Holdings Corporation (collectively, "Kmart"), where she successfully purchased goods using the store's layaway process. The district court granted Kmart's motion to dismiss because Hammond's pleadings were insufficient to state a claim under § 1981. It dismissed... More...   $0 (10-29-2013 - MA)

Robert Smith v. Dorchester Real Estate, Inc.

This case arises out of a fraudulent real estate mortgage scheme that involved inducing a schizophrenic trash collector into acting as a straw buyer for two overvalued residential properties in Massachusetts. That person, Robert Smith, sued various entities and individuals involved in the transactions, including the mortgage lenders, mortgage brokers, real estate brokers, and closing agents. A ju... More...   $0 (10-16-2013 - MA)

A.G. v. Elsevier, Inc.

This is a curious case in which the plaintiffs, unsuccessful medical malpractice suitors, seek damages against the authors and publisher of a case report, introduced into evidence in the malpractice trials, that appeared in a peer-reviewed obstetrical journal. Acting on the defendants' motions to dismiss, see Fed. R. Civ. P. 12(b)(6), the district court concluded that the plaintiffs' complaint stu... More...   $0 (10-16-2013 - MA)

R. Susan Woods v. Wells Fargo Bank, N.A.

There is, by now, a significant body of commentary on the housing market's most recent boom and bust. Little could we add about the development, proliferation, and ultimate collapse of the mortgage-backed securities market that has not already been said. Writing against that background, we recite here only the most relevant aspects of the market's recent instability. At its height, the boom was fa... More...   $0 (10-09-2013 - MA)

Raymond C. McArdle v. Town of Dracut

Appellant Raymond McArdle ("McArdle") is a former teacher in the public schools of the town of Dracut, Massachusetts. He claims, among other things, that Dracut improperly handled his request for leave under the Family and Medical Leave Act, 29 U.S.C. § 2612 ("FMLA") and forced him to resign in retaliation for seeking such leave. The district court granted summary judgment dismissing all of McAr... More...   $0 (10-09-2013 - MA)

Colin Bower v. Egyptair Airlines Company

This appeal stems from an international parental kidnapping perpetrated by defendant Mirvat El-Nady. Plaintiff-appellant in this case, Colin Bower, is El-Nady's former husband. In August 2009, El-Nady acted in violation of a court order when she drove the former couple's two minor children to New York City, where they boarded an EgyptAir Airlines Company ("EgyptAir") flight to Cairo, Egypt. This p... More...   $0 (10-08-2013 - MA)

Stanley Kolbe v. BAC Home Loans Servicing, L.P.

This is a contract dispute over the terms of a mortgage contract between the borrower, plaintiff-appellant Stanley Kolbe, and the servicer of his loan, defendant-appellee BAC Home Loans Servicing, LP ("BAC" or "the Bank"). Kolbe sued the Bank in a putative class action for damages alleged to have arisen out of the Bank's requirement that he maintain flood insurance in an amount sufficient to cover... More...   $0 (09-27-2013 - MA)

Thomas A. Atwater v. Mitchell D. Chester

Appellant Thomas Atwater sought review of his dismissal from his teaching position in the Manchester-Essex Regional School District ("School District"), first in Massachusetts state court and then in Massachusetts federal district court. Concluding that Atwater's claims were barred by res judicata, the district court granted summary judgment in favor of Appellees, the School District and the Massa... More...   $0 (09-20-2013 - MA)

Commonwealth of Massachusetts v. Kempess Sylvain

In 2007, the defendant, Kempess Sylvain, a noncitizen lawfully residing in the United States, pleaded guilty to possession of a controlled substance, subjecting him to automatic deportation from the United States. After the defendant's conviction was final, we decided Commonwealth v. Clarke, 460 Mass. 30, 34, 37, 45 (2011) (Clarke ), which held that the rule announced in Padilla v. Kentucky, 130 S... More...   $0 (09-13-2013 - MA)

Janat Nansamba v. North Shore Medical Center, Inc.

When litigation goes awry, lawyers sometimes scramble to find a scapegoat. So it is here: having conspicuously failed to protect the record, the plaintiff's lawyers attempt to shift the blame to their opposing counsel. Concluding, as we do, that this diversionary tactic lacks force, we affirm the district court's denial of the plaintiff's motion for relief from judgment.

I. BACKGROUND
<... More...
   $0 (08-12-2013 - MA)

Elizabeth Manning v. Boston Medical Center

Plaintiffs Elizabeth Manning, Lisa Rivers, Rhonda Williams, and Reva McCarthy bring this wage-and-hour action against defendants Boston Medical Center Corporation ("BMC"), Elaine Ullian, and James Canavan. Current and former BMC employees, plaintiffs allege that defendants deprived them of their wages through the use of timekeeping policies and employment practices that required them to work thro... More...   $0 (08-01-2013 - MA)

Fidelity Co-Operative Bank v. Nova Casualty Company

Plaintiff-Appellant Fidelity Co-operative Bank ("Fidelity"), individually and as assignee of Matthew and Sondra Knowles ("the Knowles"), appeals the granting of summary judgment to Defendant-Appellee Nova Casualty Company ("Nova"), after the district court determined that an all-risk insurance policy neither covered water damage caused to an apartment building during a tropical storm nor any resul... More...   $0 (08-07-2013 - MA)

Roman Catholic Bishop of Springfield v. City of Springfield

The Roman Catholic Bishop of Springfield (RCB) challenges the district court's grant of summary judgment to the City of Springfield (City) and dismissal of RCB's constitutional and statutory claims against enforcement of a City ordinance that created a single-parcel historic district encompassing a church owned by RCB. Under the ordinance, RCB cannot make any changes that affect the exterior of t... More...   $0 (07-22-2013 - MA)

Carlos Dominguez v. Ronald Duval

The appellant, Carlos Dominguez, was convicted in a Massachusetts court of the second degree murder of Sao Sun. After the Massachusetts Appeals Court affirmed the conviction and the Supreme Judicial Court denied further appellate review, Dominguez filed a petition in the United States District Court for relief on habeas corpus, 28 U.S.C. § 2254, which was dismissed for untimely filing in the abse... More...   $0 (07-23-2013 - MA)

Joseph Brown v. United Airlines, Inc.

These appeals pose a question of first impression: Can the plaintiffs, skycaps affiliated with two major airlines, maintain common-law actions for unjust enrichment and tortious interference based on the airlines' imposition and retention of baggage-handling fees for curbside service? Concluding, as we do, that the plaintiffs' actions intrude into a no-fly zone demarcated by the preemption provisi... More...   $0 (07-09-2013 - MA)

Jeffrey H. Refern v. Janet Napolitano

Pro se plaintiff-appellants Jeffrey H. Redfern and Anant N. Pradhan filed an action in the district court challenging the constitutionality of the Transportation Security Administration's (TSA) use of Advanced Imaging Technology (AIT) body scanners and enhanced pat-downs as primary methods of passenger screening at U.S. airports. The district court dismissed appellants' claims for declaratory and ... More...   $0 (07-11-2013 - MA)

Rev. Fr. Emmanuel Lemelson v. U.S. Bank National Association

Petitioners Gregory and Anjeza Lemelson filed this action under the Massachusetts try title statute, Mass. Gen. Laws ch. 240, §§ 1-5, seeking an order invalidating a March 2011 assignment of the mortgage loan on their Southborough, Massachusetts home to defendant U.S. Bank National Association ("U.S. Bank"), and enjoining U.S. Bank from commencing foreclosure proceedings pursuant to that assignm... More...   $0 (07-02-2013 - MA)

Raniah Fathi Atieh v. Denis Riordan

The infrastructure of the adjudicative process consists of rules, many of which are procedural. Not surprisingly, then, the due administration of justice typically requires both courts and litigants to give fastidious attention to procedural regularity. When parties lead a court down a path that ignores proper procedure, bad things often happen.

This case illustrates the point: th... More...
   $0 (06-24-2013 - MA)

Evergreen Partnering Group, Inc. v. Pactiv Corporation

Plaintiff Evergreen Partnering Group, Inc. ("Evergreen") appeals from a judgment of the United States District Court for the District of Massachusetts dismissing its Second Amended Complaint ("complaint"). The complaint alleges that defendants-appellees, polystyrene food service packaging manufacturers and two trade associations, refused in concert to deal with Evergreen in a recycling business m... More...   $0 (06-19-2013 - MA)

Phillip Goldstein v. William F. Galvin

A hoary proverb teaches that large oaks from little acorns grow. That is a natural progression. This case, however, features a less natural progression: an obscure violation of a state securities regulation, not especially egregious in itself, has led to a litigation extravaganza — an extravaganza that pits a prominent hedge fund operator against a state official with broad regulatory authority... More...   $0 (06-11-2013 - MA)

Susan K. Young v. Wells Fargo Bank

In an attempt to avert the foreclosure of her home, plaintiff Susan Young sought to modify the terms of her mortgage pursuant to the Home Affordable Modification Program ("HAMP"), a federal initiative that incentivizes lenders and loan servicers to offer loan modifications to eligible homeowners. When Young's efforts did not result in a permanent loan modification, she sued defendants Wells Fargo... More...   $0 (05-21-2013 - MA)

Joseph Delong v. Thomas Dickhaut

Before this Court on appeal is the dismissal of Petitioner Joseph DeLong's 28 U.S.C. § 2254 federal habeas corpus petition. After careful review, we remand to the district court. We begin by outlining the procedural posture of DeLong's case.

DeLong was convicted by a jury in Massachusetts state court on two indictments charging him with unarmed robbery, and sentenced to concurrent... More...
   $0 (05-07-2013 - MA)

Frank Woodward v. Emulex Corporation

Plaintiff Frank Woodward appeals a grant of summary judgment by the United States District Court for the District of Massachusetts in his age discrimination suit against Emulex Corporation. Woodward also appeals two discovery orders. We affirm in all respects.

I. Background

Emulex, a technology company based in California, manufactures components for large-scale computer net... More...
   $0 (04-18-2013 - MA)

Charles Freeman v. Town of Hudson

Plaintiffs Charles and Daniela Freeman appeal the dismissal of their section 1983 suit against the Town of Hudson, Massachusetts, one of its agencies, and several state and local officials. The events giving rise to this suit grew out of an allegation that the Freemans had breached a conservation restriction appurtenant to their Hudson home. Like the magistrate judge and district judge, we conclu... More...   $0 (04-15-2013 - MA)

 
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